1. (a) A health authority is a physician appointed under the Local Public Health Reorganization Act, Health and Safety Code, Chapter 121, by the governing body of a city, county, or public health district to administer the state and local laws relating to public health.

2. (b) A health authority must be appointed in a municipality or county that has established a local health department or public health district.

   1. (1) The director of a local health department or public health district, if the director is a physician, shall be the health authority within the jurisdiction of the local health department or district.
   2. (2) If a non-physician serves as the director of a local health department or public health district, the director shall appoint a physician to serve as the health authority within the jurisdiction of such local health department or district subject to the approval of the governing body of the local health department or public health district. No action is required by the department to further approve the appointment.
3. (c) A health authority may be appointed, but is not required to be appointed, in a municipality or county that has not established a local health department or public health district. The governing body of the municipality or the commissioners court of the county may appoint the health authority within its jurisdiction.
4. (d) A health authority serves for a term of two years and may be appointed to successive terms.
5. (e) A regional director of the department shall perform the duties of a health authority for a municipality, county, public health district, or entity authorized to appoint a health authority in a jurisdiction in the regional director's region in which there is no health authority. A regional director is a physician who is employed by the department and serves as the chief administrative officer of a region. A region is a geographic area of the State of Texas designated by the department.
6. (f) A regional director of the department may perform some or all of the duties of a health authority if an appointed health authority fails to perform duties prescribed by the department in this section. At the request of the appointing authority, a regional director may serve as a health authority because of the absence or incapacity of the appointed health authority. No action by the department is necessary to further approve a regional director's performance or service.
7. (g) A health authority shall perform each duty that is necessary to implement and enforce a law to protect the public health as stated in the Health and Safety Code, §121.024.
8. (h) An appointed health authority shall take the official oath required by the Texas Constitution, Article 16, §1, including the statement of appointed officer and file a copy of the oath and appointment with the appropriate regional office within ten working days of the date of taking the oath.
9. (i) If a health authority ceases to hold office for any reason, the appointing authority shall immediately notify the department and appropriate regional director. When a new health authority has been appointed, the person will take the action outlined in subsection (h) of this section and notify the appropriate regional office of the change.

Source Note:The provisions of this §85.1 adopted to be effective February 3, 2000, 25 TexReg 576; amended to be effective February 2, 2017, 42 TexReg 313.